Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Driv e • Penthouse McLean, VA 22102
Tel: 703.336.8800 mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong. com mclark@mckennalong.com

June 30

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act ) and 14 C.F.R. Part 11, Embry

- Riddle Aeronautical University ( hereinafter sometimes referred to as

"ERAU" or "the Petitioner " ) her eby applies for a Grant of Exemption from the Federal Aviation Regulations (FARs ) identified below, to operate small unmanned aerial vehicles ( i.e., small

unmanned aircraft systems or UAS ) for the purpose of conducting aerial data collection, including

aer ial imaging and remote sensing and surveying

, in support of its general education, flight training and research and development activities. ERAU respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration ( FAA ) has previously issued grants of exemption in circumstances similar to those presented herein

.

In addition to this Petition for Exemption, ERAU will also submit the following documents:

 The University UAS Operations Manual ;

 Latitude Engineering HQ

- 40A Data Package; and

 Mikrokopter Data Package

.

 ERFC UAS Data Package

ERAU submits this material as a confidential document s under separate cover pursuant to 14 C.F.R. § 11.35(b), as the material contain s confidential commercial and pr op rietary information that ERAU

has not and will not share with others. The information contained in the documents is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Embry

- Riddle Aeronautical University for Grant of Exemption

Pursuant to Section 333 of the FAA Modernization and Refo rm Act of 2012U.S. Department of Transportation

June 30

, 2015 Page 2 For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

P AGE

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ........... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ ................. 5

IV. ERAU' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION
333 OF THE R EFORM A CT

................................ ................................ ................................ ... 5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

................................ ................................ ............................. 5

B. Approval is Warranted Based on the Operational Restrictions in ERAU's Operating Documents

................................ ................................ .............................. 7

V. R E GULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ...................... 8

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

................................ ................................ ................................ ........... 9

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b) : Maintenance Inspections

................................ ................................ ........................ 10

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............. 10

D. 91.7(a): Civil Ai rcraft Airworthiness

................................ ................................ ..... 12

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

................................ ... 12

F. 91.103: Preflight Action

................................ ................................ ......................... 13

G. 91.109(a): Flight Instruction

................................ ................................ .................. 13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

.............. 14

I. 91.121: Altimeter Settings

................................ ................................ ..................... 14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 15

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ...................... 16

VII. P UBLIC I NTEREST

................................ ................................ ................................ .............. 16

VIII. P RIVACY

................................ ................................ ................................ ............................ 16

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................ 17

X. C ONCLUSION

................................ ................................ ................................ ..................... 17U.S. Department of Transportation

June 30 , 2015 Page 3

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

In 1926 T. Higbee Embry and John Paul Riddle initiated education and training for airplane pilots. This ninety year tradition of leading aviation education, research, practice, and engineering translates directly into an ability to fashion technologies and processes that are necessary for the practical adaptation, integration and application of unmanned systems in flight. In 2011 ERAU initiated education and training for UAS operators.

ERAU is an international leader in UAS operations, piloting, and engineering. The Daytona Beach campus has the largest collegiate Unmanned Aircraft Systems Science (UASS ) degree program in the nation. Graduates from the UASS degree program are serving as operator crewmembers, mission planners, analysts, project managers, safety officials, field engineers, business developers, maintainers, and logistics managers for unmann ed UAS operators, both domestically and intern ationally. Graduates from the U niversity’s UAS related engineering programs are working to fully integrate unmanned aerial vehicles into eve ryday life. Additionally, the

U niversity’s Master of Science of Unmann ed and Autonomous Systems Engineering is actively engaged with engineering education and research to meet industry needs for UAS professionals.

ERAU seeks to expand knowledge for the science and art of UAS. Faculty, staff, and students are creating system s, developing flight operations, and standardizing procedures that will move UAS activity into human daily life. Application of UAS will span an expansive range of purposes, including agriculture , traffic monitoring, environmental monitoring, search/rescue operations, customs payload scanning, immigration enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular networking, meteorological services/research, fisher ies monitoring, law enforcement , and entertainment.

ERAU is an independent, nonsectarian, not

- for

- profit, coeducational institution. ERAU serves culturally diverse students seeking careers in aviation, aerospace, engineering, and related fields. Residential campuses in Daytona Beach, Florida , and Prescott, Arizona , provide education in a traditional setting, while the Worldwide Campus provides instruction at more than 150 locations in the United States, Europe, Asia and the Middle East as well as through online learning. Today,

ERAU leads the world in aviation and aerospace higher education.

Consistent with and in furtherance of the University's quest to expand the science and art of
UAS, ERAU seeks an exemption for commercial operations of small UAS for the purpose of conducting aerial data collection.

In accorda nce with 14 C.F.R. § 11.81(a), ERAU provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Tim Brady, Ph.D. Dean, College of Aviation Embry

- Riddle Aeronautical UniversityU.S. Department of Transportation

June 30 , 2015 Page 4 600 S. Clyde Morris Blvd Daytona Beach, FL 32114

- 3900 Phone: (386) 226

- 6457

Email: bradyt@erau.edu

II. D ESCRIPTION OF P ROPOSED O PERATION

ERAU seeks an exemption pursuant to Section 333 of the Reform Act to use a number of different UAS platforms for aerial data collection in support of its gene ral education, flight training and research and development activities. The proposed operations will support flight training activities for UAS operators at ERAU's College of Aviation and aeronautical engineer research, design and development activities at ERAU's College of Engineering. The proposed operations will also provide support for ERAU's general education activities relating to how UAS can be used in support of a wide range of applications

. By way of example, general education activities supported by the proposed operations includes , but is not limited to: agriculture , traffic monitoring, environmental monitoring, search/rescue operations, customs payload scanning, immigration enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular networking, meteorological services/research, fisher ies monitoring, law enforcement , and

entertainment. Finally, a erial data collected by ERAU 's UAS would also be used to promote and

market ERAU , as well as support student re creational a nd sport activities.

ERAU is committed to maintaining the highest standards of flight safety, and will leverage its knowledge and experience gained operating UAS under Certificate of Waiver or Authorizations (COAs) in partnership with the Daytona Beach P olice Department 1 and the Volusia County Department of Aviation and Economic Resources 2 to ensure that the proposed operations are conducted safety. All UAS operations will be performed in accordance with the accompanying

ERAU operating documents, and in a ccordance with the requirements of an applicable COA. Among other things, and as detailed in the operating documents, all UAS operations will occur in uncontrolled airspace, within visual line

- of

- sight (VLOS) of the pilot and visual observer, and will

be l imited to daytime VFR conditions. Moreover, ERAU 's operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exe mption to use small UAS for aerial data collection in support of similar education, training and research activities , including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research and training (Docket No. FAA

- 2015

- 0374);

1 See COA No. 2013

- ESA

- 22 issued to Daytona Beach Police Department

.

2 See COA No. 2014

- ESA

- 8 issued to Volusia County Department of Aviation and Economic

Resources

.U.S. Department of Transportation

June 30 , 2015 Page 5

 Ex emption No. 11304 to Auburn University Aviation Center to conduct training courses to instruct students in the operation of unmanned aircraft and their associated systems. (Docket No. FAA

- 2014

- 1014 ); and

 Exemption No. 11265 to the City of Roswell Coalitio n to perform research, development and validation of a formal UAS training curriculum (Docket No. FAA

- 2014

- 0732).

The low

- risk UAS operations proposed by ERAU in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval

.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act

. Congress has directed the FAA "to safely accelerate the integration of civil unmanne d aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitt ing exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (2) would not adversely affe ct safety (or how it would provide a level of safety at least equal to the existing rules).

See 14 C.F.R. § 11.81 (petitions for exemption).

IV. ERAU ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

ERAU 's proposed operation s in this Petition for Exemption qualify for expedited approval

under Section 333 of the Reform Act

, as each of the statutory criteria and relevant factors are

satisfied and the FAA has previously issued grants of exemption in circumstances similar to thos e presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The UAS vehicles ERAU intends to use for the proposed operations meet the requirements of

Section 333 of the Reform Act d ue to their weight, speed and operational capabilities. ERAU seeks to operate the following UAS vehicles for the proposed operations :U.S. Department of Transportation

June 30 , 2015 Page 6

 SenseFly EBee

 DJI Inspire 1

 Draganflyer X4

- ES

 Latitude HQ

- 40 A

 Mikrokopter Rotorcraft

 Embry

- Ridd le Aeronatuical Universit y ERFC UAS aircraft variant, serial # 001

The FAA is familiar with and has already determined that three of the commercial off

- the

- shelf vehicles selected by ERAU meet the requirements of Section 333 of the Reform Act due to their weight, speed and opera tional capabilities: the SenseFly eBee, DJI Inspire 1 and Draganflyer X4

- ES

. See e.g.,

 SenseFly eBee: Exemption No. 11673 to Aerial Scout Ag Ops Support, LLC; Exemption

No. 11646 to BioSensing Systems, LLC; Exemption No. 11263 to SenseFly LTD.

 DJI Inspir e 1 : Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea Aero Systems; Exemption No. 11668 to Sky

- Forge Robotics LLC.

 Draganflyer X4

- ES : Exemption No. 11557 to HAZON Solutions LLC; Exemption No. 11424 to AgScan, Inc.; Exemption No. 11281 to Draganfly Innovations, Inc.

The Latitude HQ

- 40 A , and ERAU's two proprietary vehicles, ERFC UAS aircraft variant,

serial # 001 and the Mikrokopter Rotorcraft also meet the requirements of Section 333 of the Reform Act due to their weight, speed and op erational capabilities.

 Latitude HQ

- 40 A : The Latitude HQ

- 40 A is a hybrid quadrotor aircraft that offers an innovative and logistically simple solution to the problem o f vertical takeoff and landing

— it combines the vertical takeoff and landing (VTOL) capab ilities of a quadrotor and the efficiency, speed, and range of a normal fixed

- wing aircraft. The Latitude HQ

- 40 A is powered by a small 1.5 hp 4

- stroke 35cc gasoline engine and carries 5 pounds of fuel. It is equipped with an onboard generator and power dis tribution board capable of delivering 200 watts to the payload. It has a wingspan of 100 inches and has a maximum takeoff weight of approximately 42 pounds (30 lbs empty weight). The aircraft operate s at a cruise speed of 45 knots, has a maximum airspeed o f approximately 52 knots , and is capable of sustained flight for a period of 5 hours with a nominal 5 pound payload. The aircraft is capable of operating on the following frequency bands: 300 MHz UHF, 900 MHz ISM, 1300 MHz, 2.4 GHz ISM,

or 5.8 GHz ISM. Add itional details on the standard specifications and operational features of the Latitude HQ

- 40A are located in the Latitude Engineering HQ

- 40A Data Package which will be submitted as a confidential document under separate cover.

 Mikrokopter Rotorcraft : The Mikrokopter is a proprietary small battery operated rotorcraft that is configured to operate with 4

- 12 electric motors in either a quad copter , hex acopter , or octocopter formation

. Depending on the exact configuration, the aircraft weights between

650

-- 1 700g (1.4

– 3.7 lbs), and can carry a payload of 250

– 1000g (0.5

– 2 lbs)

. TheU.S. Department of Transportation

June 30 , 2015 Page 7 Mikrokopter has a maximum flight time of 8

- 20 minutes and has a maximum cruise speed of

29 knots

. The aircraft is controlled with a Graupner Radio Transmitter that comes with

i ntegrated telemetry and operates on a control frequency of 2.4 GHz. Additional details on the standard specifications and operational features of the Mikrokopter are located in the Mikrokopter Data Package which will be submitted as a confidential document under

separate cover.

 Embry

- Riddle Aeronatuical University ERFC UAS aircraft variant, serial # 001 : The ERFC is a proprietary small battery operated rotorcraft that utilizes the flight critical

components of the M ik

rocopter

, supra

. The vehicle has eight blades with a diameter of 14

inches. The vehicle itsel f has a total diameter of 42 inches, with a height of 20.5 inches. The

gross ta keoff weight of the craft is 11.7 pounds. The vehicle has an operating vertical speed of 13.1 feet per second, and a h orizontal speed of 16.4 feet per second. Communications with the aircraft are conducted on the ISM Region 2 band (902.000 Mhz

– 928. 000 Mhz. The vehicle has redundant safety features including the capability of flight with the failure of

a motor as well as a lost link pr ocedure. In the event of a lost link, t he craft will cease all movement and hold position until the pilot is able to re

- establish a link with craft. If all

attempts to re

- establish a link fail, the craft will return to a “Home” position which is determined by the pilot during the pre

- flight calibration procedure

The FAA has found the following shared characteristics of the SenseFly EBee, DJI Inspire 1, Draganflyer X4

- ES, Latitude HQ

- 40A, Mikrokopter Rotorcraft, and the Embry

- Riddle Aeronatuical University ERFC UAS aircraft variant, serial # 001 to warrant approval for a grant of exemption:

 They all weight less than 55 pounds in cluding payload;

 They all have the capab ility to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predic table, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of

command and control link failures ;

 The radio frequencies used for operatio ns and control of the UAS comply with the Fede ral Communications Commission (FCC ) and other appropriate governmen t oversight agency requirements; and

 The UAS all operate at a speed of 87 knots or less.

B. Approval is Warranted Based on the Operational R estrictions in ERAU 's Operating Documents

The University UAS Operations Manual , technical data packages, and the manufacturer's manuals for the selected UAS platforms (hereinafter collectively referred to as "operating documents") contain all the procedu res and limitations necessary to safely and successfully performU.S. Department of Transportation

June 30 , 2015 Page 8

the proposed operations

. To expedite the FAA's safety assessment of ERAU 's proposed UAS operations, ERAU has tailored its operating documents to comply with the condition s and limitations imp osed on similarly situated petitioners seeking to use small UAS for aerial data collection. See

e.g., Grant of Exemption No. 11304 issued to Auburn University Aviation Center, Docket No. FAA

2014

- 1014

. In particular, the operating documents contain systems and procedures to permit ERAU to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statut ory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest

. 3

ERAU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS , including:

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identif ication Req ui rements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Req ui rements

61.23(a) and (c), 61.113 ; 61.101(e)(4) and (5) , 61.315 Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitude s Over Other than Congested Areas

3 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

June 30 , 2015 Page 9

91.121 Altimeter Settings

91.151(a) Fuel Req ui rements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards tha t Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Req ui rements

ERAU seeks an exemption from the aircraft marking and identification req ui rements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard R eq ui rements

, provides that:

No person may operate a U.S.

- registered civil aircraft unl ess that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or ligh t

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boo m, or tail the marks req ui red by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these req ui rements was warranted provided that the aircraft "have identification (N

Number) markings in acco rdance with 14 C.F.R Part 45, Subpart C if the markings are as large as

4 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to th at provided by the rule from which you seek exemption.U.S. Department of Transportation

June 30 , 2015 Page 10 practicable." 5 All UAS flown by ERAU will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 6

B. 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b): Maintenance Inspections

ERAU seeks an exemption from the maintenance inspection req ui rements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify

maintenance a nd inspection standards in reference to 14 C.F.R. Part 43. 7 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemptio n will not have.

An eq ui valent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any req ui red manufacturer Safety or

Service Bulletins. Further, as req ui red by the operat ing documents, the PIC will conduct a pre

- flight inspection of the UAS and all associated eq ui pment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting sa fe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of an y flight

- critical

components. As req ui red by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also include req ui rements to follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the air craft and aircraft components. Moreover , the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventativ e maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petitioner's UAS

. As a whole, the maintenance and inspection procedures req ui red by Petitioner's operating documents ensure that

an eq ui valent or h igher level of safety will be achieved.

C. 61.23(a) and (c), 61.113 , 61.101(e)(4) and (5)

, 61.315 : Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

ERAU seeks exemption from these sections , which restricts private

, recre ational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also req ui re a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of

5 FAA Docket No. FAA

- 2014

- 0352.

6 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

7 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft insp ected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter

. ").U.S. Department of Transportation

June 30 , 2015 Page 11 any PIC matches the airspace in which the PIC will be operating, as well as req ui ring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 8 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al

cost and restrictions attendant with req ui ring the PIC to have a Commercial Pilot Certificate and

Class II Medical Certificate. The fulfillment of the additional req ui rements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More r ecently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the De partment of Ho meland Security (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 9

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Sect ion 333 of the FAA Reform Act. ERAU will operate away from persons and property that is not the subject matter of the flight

. ERAU will also req ui re all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of

ERAU

. The pilot qualification, training, and currency req ui rements in the operating documents

ensure that ERAU 's pilots are competent and proficient in the UAS they are operating. The Petitioner's training and qualification req ui rements are consistent with those contained in prior FAA

issued grants of exemption , and will provide a higher level of competency and proficiency for its pilots and will ensure at least an eq ui valent level of safety.

8 FAA Docket No. FAA

- 2014

- 0352

.

9 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket N o. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

June 30 , 2015 Page 12

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, ERAU seeks an exemption from 14 C.F.R. § 91.7(a), which req ui res that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedu res which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is

therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircra ft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) req ui re the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U .S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is req ui red by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, mark ings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certif icate...

(b) No person may operate a civil aircraft unless the airworthiness certificate req ui red by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other req ui red documents from the ground control station from which he or she isU.S. Department of Transportation

June 30 , 2015 Page 13 operating the aircraft. 10 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an eq ui valent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 11

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which req ui res a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC will be fami liar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is req ui red

.

Adherence to the req ui rements in the operating documents will ensure that the UAS is in an airworthy c ondition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight procedures. The PIC will also be req ui red to review weather, flight r eq ui rements , battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for

fli ght instruction unless that aircraft has fully functioning dual controls." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be req ui red for the flight instruction req ui rements of 14 C.F.R. § 91.109(a).

10 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No.

FAA

- 2014

- 0352 at 16

- 18.

11 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has prev iously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

June 30 , 2015 Page 14 Given the size and speed of the UAS that Petitioner intends to use, an eq ui valent level of safe training ca n still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as req ui red by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instructi on. Moreover, all flight training

will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

ERAU requests an exemption from the minimum safe altitude req ui rements of 14 C.F.R. §

91.119 (c)

. 12 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface an d away from any person, vessel, vehicle, or structure

in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemption is req ui red because the proposed UAS operations will normally need to occur

below 400 feet AGL. Additionally, due to the nature of the pr oposed operations, the PIC and/or

Observers may need to be less th an 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, an y risk associated with these operations is far less than those that presently exist with conventional aircraft.

An eq ui valent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operatio ns will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL

. As set forth in the operating

documents , the UAS will be operated in a controlled environment, and all flights will occur at a
lateral dis tance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure f light operations can be sa fely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the P IC has made a safety assessment of the risk of operating closer to those objects

, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a).

Adherence to these restrictions in ERAU 's operating documents will ensure the propos ed operations

can be conducted without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for ERAU to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, w hich req ui res a person operating an aircraft to maintain

12 Relief from § 91.119(a) will not be necessary because Pet itioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA

- 2014

- 0534 ).U.S. Department of Transportation

June 30 , 2015 Page 15

cr ui sing altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

The FAA has stated that an eq ui valent level of safety to the req ui rements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 13

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational cha racteristics. Moreover, the operating documents req ui re the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitig ation procedures contained in the operating documents, ensure that an eq ui valent level of safety will be achieved, and a grant of exemption to the req ui rements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

ERAU requests an exemption from 14 C.F.R. § 91.151(a)'s fuel req ui rements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cr ui sing speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological lim itations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from

the fuel req ui rements of 14 C.F.R. § 91.151(a) is therefore req ui red

.

The FAA has previously g ranted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption

. 14
In Exemption No. 11213 to Aeryon Labs, Inc. 15 , the FAA determined that a requirement pr ohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the re serve power recommended by the manufacturer if greater

, would ensure an equivalent level of safety to the fuel requirements of §

13 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

14 See e.g., Exemption Nos. 8811, 1 0808, and 10673

.

15 Docket No. FAA

- 2014

- 0642.U.S. Department of Transportation

June 30 , 2015 Page 16 91.151(a)

. 16 Petitioner's operating documents impose this same requirement and an exemption from § 91.151(a)'s fuel req ui rements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

ERAU will have policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

T he public interest will be served by granting ERAU 's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Gran ting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily req ui red rule making.

Beyond increased levels of safety, t he public stands to benefit enormously from the education, training, and research activities and programs supported by the proposed operations in this Petition for Exemption

. ERAU is dedicated to developing and advancing operating procedures and systems that will move UAS activity safely into human daily life. Whether it is studying how UAS can assist with search and rescue operations, or researching ways for farmers to produce better crops in a more sustainable and environmentally conscious manner, the public as a whole will

benefit the information gathered and studied as part of the education and research programs supported by the proposed operations in this Petition for Exemption. The public will also benefit from the UAS education and training provided to students who will become tomorrow's UAS

operator s , mission planners, analysts, project managers, safety officials, field engineers, business developers, and logistics managers for unmanned UAS operators

.

VIII. P RIV ACY

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy. ERAU will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of t he property owner. 17

16 Exemption No. 11213 at pg. 12.

17 In anticipation of receiving a Section 333 Grant of Exemption, ERAU has entered into a Memorandum of Understanding (MOU) with Mr. Bill Coe which will allow ERAU to utilize Coe field (8FA4) for UAS operations for a period of 24 months, beginning in August, 2015. The MOU

between ERAU and Mr. Bill Coe is located in Attachment A

.U.S. Department of Transportation

June 30 , 2015 Page 17

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the followi ng rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 9 1.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data col lection in support of ERAU's education , training, research and development programs and activities.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA has issue d grants of exemption in circumstances similar in all respects to those presented by ERAU in this Petition for Exemption. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing ERAU to operate small UAS for the purpose of aerial

data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do

not hesitate to contact us.
Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for Embry

- Riddle Aeronatuical University

AttachmentsU.S. Department of Transportation

June 30 , 2015 Page 18

Attachment AU.S. Department of Transportation

June 30 , 2015 Page 19U.S. Department of Transportation

June 30 , 2015 Page 20U.S. Department of Transportation

June 30 , 2015 Page 21U.S. Department of Transportation

June 30 , 2015 Page 22 (The following attached item will be submitted under separate cover as it contain s proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file purs uant to 14 C.F.R. § 11.35(b)).

Attachment s :

 The University UAS Operations Manual

 Latitude Engineering HQ

- 40A Data Package

 Mikrokopter Data Package

 ERFC UAS Data Package